Chapter Three
Overview of the Process Mighty things from small beginnings grow. –John Dryden
In this Chapter: • • • • • •
Step Step Step Step Step Step
1: 2: 3: 4: 5: 6:
Decide if You Should Apply Complete the N-400 Application Package Prepare for the Interview and Test Get Fingerprinted Go to the USCIS Interview Take the Oath of Allegiance
Most people naturalize with these six steps.
This chapter outlines the six steps in the naturalization process. It is important to follow these steps correctly. Do not apply before your eligibility date or your application will be rejected.
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Step 1: Decide if You Should Apply Check that You Meet the Naturalization Requirements 1. Be at least 18 years old. 2. Be a lawful permanent resident for five years (three years if you are married to a citizen).* 3. Have made the United States** your continuous residence for five years (three years if you are married to a citizen). 4. Have been in the United States for at least half of the five years (three years if you are married to a citizen) before applying for naturalization. 5. Pass a test on speaking, understanding, reading and writing basic English.*** 6. Pass a United States history and government test.**** 7. Have good moral character. 8. Understand and accept the oath of allegiance to the United States.**** 9. Have no citizenship-related legal problems. *
eople who received their green card as the spouse, former spouse, P intended spouse, or child of a current or former U.S. citizen under the Violence Against Women Act (VAWA) are also eligible to apply after three years. Also, certain people who served or are currently serving in the United States military are exempted from the residence and physical presence requirements. For more information, see Attachment A in Chapter 2.
**
he United States includes the territories of Puerto Rico, Guam, the T United States Virgin Islands, and the Northern Mariana Islands.
***
Unless eligible for an exemption based on age and long residence or a waiver based on disability.
****
Unless eligible for a waiver based on disability.
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Review Possible Legal Problems See Chapter 2 for a complete explanation.
Many people do not need a legal professional to fill out their applications. However, it is very important that some people talk to a legal professional before they apply. If you check any of the boxes below, talk to a legal professional before you apply for citizenship. Find out if you are prevented from applying or the problem can be corrected. ¨ You left the United States for six months or more. ¨ You moved to another country after you became a permanent resident. ¨ You have been arrested or convicted of a crime. ¨ You spent time in jail. ¨ You had family problems and were charged with domestic violence, spouse abuse, child abuse, or child neglect. ¨ You are on probation or parole for a criminal conviction. ¨ You are now in deportation proceedings or have been ordered deported in the past. ¨ You helped someone enter the United States illegally, including relatives. ¨ You lied to get a green card for yourself or someone else. ¨ You lied or didn’t tell the truth to receive public benefits. ¨ You said you were a United States citizen, but were not. ¨ You were involved in prostitution. ¨ You have not filed your federal income taxes every year that you worked in the United States and you earned enough money to file. ¨ You have not paid court ordered child support or have not provided support to your children living outside the United States. ¨ You are an alcoholic or were arrested for drunk driving or being drunk in public. ¨ You are male and did not register for the Selective Service between the ages of 18 and 26 if you lived in the United States at that time. ¨ You have had more than one spouse/marriage at the same time in the United States. ¨ You have been involved in illegal gambling. ¨ You were convicted of selling or possessing drugs. 51
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Review Possible Testing Problems If you do not know any English or know only a little, you may have a problem passing the English and United States history and government tests. You must know enough basic English to: • take an oath to tell the truth; • answer questions about yourself and everyday life; • answer questions about your Application for Naturalization (Form N-400); • write one sentence spoken to you (the dictation); • read one sentence given to you; and • answer questions in English about United States history and government. If you do not think you will be ready to pass the test when you are called by USCIS, wait to send USCIS your citizenship application. You can take the test only two times. If you fail both times, you must start the application process over again, including paying the fees. You can start preparing for the tests by taking classes at a community service agency, getting a tutor, or studying on your own.
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See Chapter 5 for more information on preparing for the test.
Chapter Three, Overview of the Process
Get Help from an Immigration Lawyer or Board of Immigration Appeals (BIA) Accredited Representative These Legal Professionals May Offer Some or All of These Services: • Give you general information about the citizenship process. • Help you decide if you can apply for citizenship. • Recommend what you can do to resolve your problems in meeting the citizenship requirements. • Help you complete and send your citizenship application to USCIS. • Help you work with a doctor to complete your disability waiver correctly. See Chapter 7 for more information on disabilities.
• Go to your home to take pictures and complete your citizenship application if you are disabled and can not leave your house. • Help you collect required documents for USCIS. • Provide legal representation and receive USCIS notices on your behalf. • Help you understand letters and documents you receive from USCIS. • Help you follow-up with USCIS. • Keep a file of documents given to USCIS. • Go with you to the interview and be your legal representative. • Help you appeal a denial.
follow-up = To find out where your application is in the citizenship process and when you should hear from USCIS about the next step. “It’s been a long time since I heard from USCIS. I need to follow-up.” legal representative = An attorney or Board of Immigration Appeals (BIA) accredited representative who signs Form G-28 to represent you at the USCIS interview. “I’m taking a legal representative with me to the interview.”
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Different Kinds of Citizenship Help Citizenship Application Workshops
Some organizations and elected officials offer application workshops for groups of people using trained volunteers, immigration lawyers, and BIA accredited representatives. They help you complete the citizenship application package, review it for problems, and then send it to USCIS. If you have a problem, you may be referred to another lawyer or accredited representative for an in-office consultation before you apply.
Community Organizations
Some community organizations offer individual help to complete the citizenship application and other services for a low price. The person who helps you should be an immigration lawyer or BIA accredited representative. Many community organizations also offer test preparation classes and application workshops.
Notary Publics
Some notary publics offer individual help in filling out the citizenship application for a fee. They are not legal professionals unless they are also lawyers or accredited representatives. Legally, they can only sign and stamp documents as a witness to a person’s signature. Notary publics seldom have special training in immigration law or procedures. In fact many notary publics engage in the unauthorized practice of law. Caution: Avoid notary publics, travel agencies, and real estate offices that offer immigration services. They are not qualified to offer legal services and can make mistakes that may cause serious problems.
Reputable People
There are many thoughtful volunteers in the community wishing to help immigrants. However, they may not understand immigration law and the specifics of your case. A reputable person must know you before you apply for citizenship and cannot charge you a fee for assistance. It may be a relative, neighbor, personal friend, business friend, or religious worker. The person can assist and even represent you in immigration or naturalization issues if the USCIS officer allows it. However, this is not recommended. Because I had a legal question, I was a little worried about my ability to become a citizen. My friends told me not to spend money on a lawyer, but I went ahead and hired one. It was worth it. The lawyer explained how I could overcome my problem and become a citizen. I passed the interview. unauthorized practice of law = To give legal advice or suggest answers when filling out USCIS forms. “I am being deported because I went to a notary public who engaged in the unauthorized practice of law and gave me advice that was completely wrong!”
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People Who Provide Legal Representation Before USCIS
See Attachment A for a copy of Form G-28.
Only the four groups of people listed below can by law provide legal representation before USCIS. There are few exceptions. If you will be represented at the interview, you must send a Form G-28, Notice of Entry of Appearance as Attorney or Representative with your citizenship application or bring it with you to your interview. • lawyers • supervised law students • graduates of law schools who are not yet admitted to the bar • accredited representatives
Lawyers
Lawyers are also called attorneys. A lawyer has an undergraduate college degree (B.A. or B.S.) and a law degree (Juris Doctor) from an accredited law school. A lawyer must also be licensed by the state by passing a test called the bar exam. A lawyer who passes the test and meets the other requirements (ethical and professional standards) has been licensed or “admitted to the bar.” Lawyers can practice many kinds of law, such as immigration, family, tax, bankruptcy, and criminal. Some lawyers are specialists in one area while others are generalists dealing with a variety of legal problems. Immigration lawyers know about recent changes in immigration and citizenship law and have experience representing people in this area. Whatever you tell a lawyer or law graduate is protected by what is called “Attorney-Client Privilege.” This means that everything you say is confidential. No one can find out what you said, including the government. Also, the lawyer is not allowed to tell anyone else what you said, unless you give permission in writing. Accredited representatives should give you similar confidentiality based upon their employer’s ethical standards.
Supervised Law Students and Graduates of Law Schools Who are Not Yet Admitted to the Bar
They can practice law within certain limits. They cannot be paid for their work. Law students can only represent people if they are supervised by a law professor or lawyer at a law school or non-profit agency. Law graduates can only represent people if they are supervised by a lawyer or an accredited representative.
confidential = Kept private between a professional and a client. “As your lawyer, I will keep this information confidential.”
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Accredited Representatives
Accredited representatives work for organizations that have been recognized by the Board of Immigration Appeals (BIA) to employ people to practice immigration law. The organization must be a non-profit service agency and charge people low fees. Accredited representatives must have knowledge and experience in immigration law. If an accredited representative leaves the organization, he or she loses the accreditation. I had some legal problems, but not a lot of money. Someone told me about accredited representatives. They know immigration law like lawyers, but they work to help people with low income. I received good help. My representative was very knowledgeable.
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How to Find Legal Professionals Recommendations From Friends and Family Members People you know may recommend legal professionals they have used and trusted. Refugee Resettlement Agencies If you were a refugee, check with the agency that sponsored and resettled you. The agency may offer legal services or be able to refer you to a professional. Community Agencies Some community organizations offer legal services to immigrants through lawyers or accredited representatives familiar with immigration issues. Often these organizations focus their services on people with low income. Advertisements Many immigration lawyers advertise to get business. They pay for ads on television, on the radio, in the newspaper, and in the yellow pages of the phone book. Just because a lawyer advertises does not mean he or she does good work. It only means the lawyer paid money for an ad. Sometimes good lawyers do not need to advertise because they have enough business through personal referrals. Legal Aid Many communities have Legal Assistance Centers that provide legal representation for low-income people. Look in the yellow pages of the phone book under “Legal Assistance” or “Legal Aid.”
refer = To recommend. “I can refer you to a good immigration lawyer.”
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How to Choose a Good Legal Professional
Many people offer immigration help. Since you may spend a lot of time and money, it is important to choose a legal professional who can accurately help you. As a customer, you may want to interview several legal professionals to help you decide which is the best. Do not select someone just because he or she says they can get you citizenship. Questions You Can Ask the Legal Professional • Do you charge for the first meeting? How much? • How long have you worked in immigration law? • What qualifications do you have? • Can you represent me in front of USCIS? • Have you worked with people with my kind of immigration situation? • What services do you provide (application, follow-up, legal representation at the interview, etc.) • Do you charge by the service or hourly? How much should I expect to pay? When should I expect to pay? • Are you a member of an immigration lawyers’ association? • Will we have a written contract between us? Questions You Should Ask Yourself • Do I trust this person? • Do I feel comfortable telling this person confidential information?
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Working with a Legal Professional • Get a written contract from the legal professional. If the professional doesn’t offer, ask for one. It should say what services will be given and what you will pay for each service. • Get a receipt for any payments you make. The receipt should include the name, date, and address of the legal professional or organization. • Never leave your original documents with your legal professional. Your legal professional and USCIS only need to keep photocopies, not originals, of your documents. Beware; if you leave originals with others, they can lose them or take advantage of the situation. USCIS may want to see, but not keep, the original documents at your interview. • Review any forms, letters, and documents that your legal professional sends to USCIS. Review the papers to make sure that the application is complete and accurate. If the legal professional makes an unknown mistake, you could have a problem at the interview. • Get copies of any forms, letters, and documents that your legal professional sends to USCIS. The copies tell you what USCIS has in your immigration file. Copies are evidence of completed work for which you have paid. The copies will be important if USCIS loses your application. You can also review them for your interview. • Pay your bills with a personal check or money order. Never pay in cash. With a check, you can stop payment if you think the legal professional is not providing you the services promised. A canceled check is also proof that you paid. If the professional will not accept a personal check, go to a bank or store where money orders are sold. Adapted from “Beware of Immigrant Services Fraud”, New York Association for New Americans, New York Immigration Coalition, New York City Department of Consumer Affairs, NYC Mayor’s Office of Immigrant Affairs.
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Talking to a Legal Professional
The legal professional will ask you a lot of questions. You need to answer all of the questions truthfully and completely. Only then can the legal professional give you good advice. In immigration law, sometimes a very small problem can turn into a big problem because your legal professional did not know the truth. Also, your legal professional cannot lie for you. A lawyer or accredited representative can lose his or her job for knowingly telling false or incomplete information. A legal professional who promises you certain results is not telling the truth and may cause you serious legal problems. Stay away from a legal professional who: • guarantees you will pass the citizenship test; • guarantees your citizenship through “special connections” at USCIS; or • promises to speed up your application if you pay extra money. I didn’t want to tell my lawyer everything. I just wanted her to get me my citizenship. I thought that if she’s a good lawyer, it won’t matter. I was wrong, and now I’m in big trouble. USCIS found out about my conviction from 18 years ago. I’ve been in this country since I was two years old, and now USCIS can deport me.
Protection Against Misrepresentation
You may have problems with your legal professional. Problems happen, for example, when a legal professional takes your money without doing what he or she promised. You have the right make a complaint, correct the problem, and get your money back. Reporting Problems With a Lawyer In most states you can complain about problems with lawyers to a disciplinary board. If the complaint is within the law and appears real, the board will investigate. If the board finds out that the lawyer did something illegal or dishonest, the board may discipline or punish the lawyer. They can discipline by taking away a lawyer’s license temporarily or permanently. They can also let the public know what the lawyer did. Call the state if you want to find out if any people have complained about a lawyer or you want to report a problem. The disciplinary board is usually in your state capital and other large cities in your state. The name of the disciplinary board varies from state to state. For example, in Illinois it is called the Attorney Registration and Disciplinary Commission. disciplinary board = A group of lawyers in each state who investigate complaints about other lawyers and decide on guilt and punishment. “The disciplinary board voted to take away my ex-lawyer’s license for six months.”
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Chapter Three, Overview of the Process Reporting Problems With an Accredited Representative You can complain to the organization where the accredited representative works, to your local USCIS District Counsel (lawyers for USCIS), or to the Board of Immigration Appeals. Reporting Problems With a Notary Public or Other Non-Professionals You can usually report a problem to your local district attorney’s office or the Department of Consumer Affairs of local government. They will investigate and tell you if they can take the case to trial. You can find them under county or city government in the phone book. You may choose to hire a lawyer and sue the person in civil court.
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Step 2: Complete the N-400 Application Package ¨ Complete the N-400 application. ¨ Get payment for the N-400 application. ¨ Have photos taken. ¨ Make a copy of your green card. ¨ Make a copy of your N-400 application and your payment to keep. ¨ Collect any other needed documents to include in your package. ¨ Send the N-400, photos, payment, and copy of your green card to the correct USCIS Lockbox. ¨ Get confirmation that USCIS received your application.
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Complete the N-400 application. Some of the questions on the citizenship application are easy to understand while others are more difficult. Even completing a name correctly can be difficult if the name has been changed by choice or mistake in the past. It is important that you understand each question before you answer it. You are filling out and signing a legal document. You may want to get help with your application to protect yourself from any problems.
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Get payment for the N-400 application. To pay the required fee, get a money order made out to “U.S. Department of Homeland Security.” You can also send a personal check. Make your check or money order out for $680 to cover the application fee of $595 and the fingerprinting fee of $85. If you are age 75 or older, no fingerprints are necessary, so the $85 fee is not required. Note: Certain people who served or are currently serving in the United States military are exempted from paying the fees.
Money order
Personal check
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For more information about military naturalization requirements, see Chapter 2, Attachment A.
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Fee Waivers If you are unable to pay the N-400 application fee, you may be able to get a fee waiver. USCIS will consider granting a fee waiver for the following situations: • You are currently receiving a means-tested benefit such as Food Stamps, Medicaid, Supplemental Security Income (SSI), or Temporary Assistance for Needy Families (TANF). • Your household income at the time of filing is at or below 150% of the federal poverty level. Contact an immigration service provider or check the internet at http://aspe.os.dhhs.gov/poverty/ index.shtml for a list of current poverty guidelines set by the federal government. • You have a financial hardship such as recent unemployment or high medical expenses. See Attachment B for a copy of Form I-912, Request for Fee Waiver.
Fill out Form I-912, Request for Fee Waiver, and submit it together with your N-400. You also need to submit evidence that you meet one of the criteria listed above. Send as much evidence as you can. Write “Fee Waiver Request” in large red letters on the mailing envelope and the top of the N-400. If the request is granted, you will get a receipt in the mail telling you that USCIS has received your citizenship application. If the request is denied, the entire application package will be returned to you, along with an explanation of why it was denied. You can re-apply with additional evidence if needed. A fee waiver request should not delay your application. You should have a decision on the request within 2-4 weeks. If not, contact an immigration lawyer or accredited representative for help in getting a response.
Fee Waivers and Public Charge
Some people are afraid to apply for a citizenship fee waiver because they think it will make them deportable as a “public charge.” A public charge in immigration law is someone who depends on the government for financial support. However, being a public charge will not affect your citizenship eligibility, and receiving public benefits is not important for citizenship purposes as long as you received the benefits legally.
Have photos taken. Have two color citizenship regulation photos taken no more than 30 days before you mail your application to USCIS. Citizenship photos are now the same as passport photos, with a full frontal view of the face. You can have them taken at a photo store where passport photos are taken. Photos taken incorrectly may cause the application to be returned. Print your name and A-number lightly on the back of each photo with a pencil or felt pen.
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Citizenship regulation photos should: • measure exactly 2 inches by 2 inches (51mm by 51mm); • be in color; • have a white or off-white background; • be printed on thin, photo-quality, glossy paper and not be retouched; • not have shadows, marks, splotches, or discoloration; and • not be overexposed (too light) or underexposed (too dark).
The head should: • be between 1 inch and 1 3/8 inches, measured from the bottom of the chin to the top of the hair; • be a full frontal view, not tilted up, down, or to the side; • show all of the features such as the eyes and ears clearly; • have a natural expression on the face with the mouth closed and eyes open; and • be uncovered by hats or religious headgear unless these are worn daily for religious reasons. Note: Eyeglasses worn daily can be worn for the photo. However, there should be no reflections on the eyeglasses.
regulation = Following certain rules. “The regulation photos for citizenship are not the same as passport photos.”
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Sample Citizenship Photos
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Make a copy of your green card. Make a copy of both sides or your green card. If you lost your green card and have not yet applied for a replacement, do so immediately by completing Form I-90, Application to Replace Alien Registration Card. You will receive a receipt for the I-90. You may submit this as a substitute for the green card. Also write that you are waiting for a new green card and will bring it to the interview.
See Chapter 6 for information about expiring green cards.
Make a copy of your N-400 application and your payment to keep. Keep copies of the N-400 and your check or money order in a safe place. They may be very important should a problem happen in USCIS’ receiving or processing your application. Unfortunately, USCIS sometimes does lose or misplace applications. Collect any other needed documents to include in your package. For example: • If you are requesting a disability waiver, include a completed USCIS Form N-648, Medical Certification for Disability Exception. Make sure that the doctor has provided all the necessary information. The doctor must clearly explain how your disability prevents you from learning English and/or history and civics. • If you are a male and you failed to register with the Selective Service between the ages of 18 and 26 as required, include a statement explaining why you did not register.
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See Chapter 7 for more information.
See Chapter 6 for more information.
Chapter Three, Overview of the Process • If you answer “yes” to any of questions 1 through 32 in Part 10 of the N-400, write an explanation on a separate piece of paper. Refer to the specific numbers. Example: You failed to file income taxes for last year. Part 10A, #4: I, Jose Menendez, failed to file income taxes for the last year. However, attached is my amended tax return and a copy of my payment for back taxes owed.
See Chapter 4 for more information on Part 10.
• If you answer “no” to any of questions 34 through 39 in Part 10 of the N-400, write an explanation on a separate piece of paper. Refer to the specific numbers. Example: Your religion will not allow you to bear arms or take an oath. You want to take a modified oath of allegiance. Part 10H, #36 and #37: In addition to your own explanation, you should submit a letter from the leader of your church, mosque, synagogue, or other faith institution stating your name, that you are a member of the religious group, what your beliefs are, and what changes you are requesting in the oath.
• If you have ever been arrested, you are required to provide USCIS with certified copies of the dispositions from each arrest. A lawyer or accredited representative can tell you if your arrest is a problem. You will need to give additional information in the table provided on page 8 of the application. You should send copies of the dispositions with your application and bring the originals to your interview.
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Send the N-400, photos, payment, and copy of your green card to the correct USCIS Lockbox. Mail your application to the USCIS Lockbox for your state. Check the USCIS website, http://www.uscis.gov, for the current, correct mailing address.* Send it by certified United States mail with a return receipt. This will give you proof that the USCIS received the application and the exact date it was received. Other mail services such as Federal Express do not deliver to post office boxes. Domestic Return Receipt
*
Naturalization applicants filing under the military provisions will use a different address than other applicants. Check the USCIS website for the correct address.
certified United States mail = The post office puts a tracking number on your letter and a person must sign to receive it. To send, you must fill out “Receipt for Certified Mail” and pay the required fee. For a return receipt you must fill out a special postcard called “Domestic Return Receipt.” When the person receives your letter, the postcard will be sent to you with the signature of the person or organization to which it was addressed. “I always send my forms to USCIS by certified United States mail.”
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Rushing Your Naturalization Application
Generally, USCIS processes citizenship applications in the order they are received. A person who applies in March is interviewed before a person who applied in June of the same year. In some cases USCIS will allow an application to be expedited. This means the person is interviewed ahead of other people in line. USCIS district directors and other senior USCIS officials can approve a case to be expedited under certain emergency or humanitarian situations. Examples: • A person has a terminal illness and may die soon. • A person will lose important medical or Supplemental Security Income (SSI) benefits unless he or she gets citizenship. • A member of the United States armed forces must travel abroad.
Requesting an Expedited Application When Filing Write a letter to USCIS with your application that includes: • your name as it appears on your green card; • your alien registration number; • your daytime telephone number; • a statement that you are requesting expedited processing of your naturalization application; • an explanation of why you are requesting expedited processing; and • documents or affidavits supporting your need to expedite processing. Send a copy of the expedite request with your naturalization application when you mail it to the Lockbox. Write at the top of your N-400 in bold red letters, “Expedite Request.” Send the original request to the district director or officer in charge of the office in which you will be interviewed. Write on the outside of the envelope in bold red letters, “Request for Expedited Processing.”
Requesting an Expedited Application After Filing
Call the USCIS customer service line at 1-800-375-5283. They will forward your request to the district office handling your case. You also should write a letter describing your situation and include evidence supporting your request. Mail your letter and supporting evidence to your local district office director, or submit your letter in person. To schedule an appointment, visit the USCIS website at: http://infopass.uscis.gov/. expedited = Rushed. “I need my application expedited because my military unit is sending me overseas.”
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Get confirmation that USCIS received your application. The USCIS Lockbox will send you a receipt after it processes your application. Keep the receipt with the copy of your application and your check or money order. Be sure to notify USCIS of any address change.
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See Chapter 6 for more information on change of address.
Chapter Three, Overview of the Process
Step 3: Prepare for the Interview and Test Preparing for the interview is as important as studying for the tests. To better prepare, talk to people who have already been interviewed. Be familiar with the information on your N-400 application. USCIS will ask you to verbally repeat this information. Understand that the English portion of your test begins with the interview as the officer swears you in. See Chapter 5 for more information on how to prepare for the tests.
The English, history, and government tests are the most difficult part of the naturalization process for many applicants. Failing these tests is the major reason for applicants being denied. You should begin studying as soon as possible so that you are ready when USCIS calls you for your interview. Citizenship classes may be available in your community at a non-profit immigration office or community center. You can visit America’s Literacy Directory, http://www.literacydirectory.org to find a citizenship class near you.
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Step 4: Get Fingerprinted Receive Your Fingerprint Appointment Notice You are to go to the USCIS authorized fingerprint site closest to your home. The location will be either an Application Support Center (ASC) or USCIS office. If you cannot attend your appointment, you can request a different date. However, you should make every effort to attend the first appointment you are given so your application will not be delayed. You can request that USCIS fingerprint you at home if you are severely disabled and unable to leave your home. If you are age 75 or older at the time you file your application, you are not required to have your fingerprints taken. If you receive an appointment notice, you must clear up the problem with USCIS, or your interview will be delayed. Contact the USCIS National Customer Service Center at 1-800-3755283 or send a letter to the USCIS district office explaining that you do not need to have your fingerprints taken. Send the letter by certified mail with a return receipt, and be sure to include your A-number and N-400 application receipt number in your letter.
What is an ASC?
Application Support Centers (ASCs) provide services for people applying for immigrant benefits, including naturalization. At present they provide fingerprinting and photographs. ASCs are supervised by a USCIS officer. Some ASCs are located within a USCIS district office.
authorized = Approved. “There are no authorized fingerprinting sites close to my home.”
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Have Your Fingerprints Taken Read your notice carefully to make sure you bring everything required. You will need your fingerprint appointment notice and your green card or another photo ID. USCIS may close your case due to abandonment if you miss your appointment and do not request a different date.
Fingerprint Appointment Notice
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FBI Fingerprint Records USCIS requires fingerprints of applicants to check good moral character and criminal history. USCIS sends fingerprints to the Federal Bureau of Investigation (FBI), where they are entered into a national database of all fingerprints ever taken by law enforcement agencies across the country. If you have ever had your fingerprints taken under an arrest, the FBI will inform USCIS, regardless of why you were arrested, when you were arrested, and other names you used. The arrest record will remain with the FBI even when a conviction is removed or expunged by the court. USCIS will compare the FBI report with the information you provided on your application. If you have an arrest, be sure to seek legal advice. Only an immigration lawyer or BIA accredited representative who is knowledgeable about citizenship can decide if you are still eligible. In general, you can safely submit your fingerprints directly to the FBI and get a complete copy of your record before applying for citizenship. If a lawyer or accredited representative decides you are still eligible for citizenship, you must tell USCIS about the arrest on your application with an explanation of the cause and outcome. You will be denied if you fail to tell USCIS of the arrest. In this case, you are considered lacking good moral character because you lied. People denied for this reason must wait five years to re-establish good moral character before applying again.
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See Chapter 2, Attachment D for more information.
Chapter Three, Overview of the Process
Step 5: Go to the USCIS Interview See Chapter 6 for more information.
Receive Interview and Testing Appointment USCIS will send you a notice with the date and time of your interview and citizenship test. You will also receive a list of documents to bring with you.
See Attachment C for a list of documents to bring to the interview.
Notice of Naturalization Interview
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Go to USCIS Interview and Take the Citizenship Test At the interview, an USCIS officer will ask you to take an oath, ask you questions about your citizenship application, and test your knowledge of English and United States history and government. The USCIS officer may have a conversation with you about everyday things in order to test your English. The order of the steps above may vary.
For detailed information on the tests see Chapter 5.
The officer will ask if any information you wrote on your N-400 application has changed. He or she may ask about any information that is different than what you wrote on your permanent resident application. Be prepared in advance to explain any differences.
Have USCIS Approve, Continue, Close, Withdraw, or Deny Your Citizenship Application Approve
=
You passed your interview.
Continue
=
USCIS needs more information or you failed the test. You will have another interview to provide the information and/or re-take the test.
Close
=
USCIS will automatically close your case if you fail to appear for the first interview without explanation.
Withdraw =
You formally ask USCIS to withdraw your case. USCIS denies the application.
Deny
A USCIS officer decides you do not meet the citizenship requirements. You do not get another interview unless you appeal your case.
=
Approved Cases
You will receive Form N-652 telling you if you are approved. You will be notified about when and where to report for the oath ceremony. Depending on your district, you may be able to take a same-day oath at the USCIS office. Otherwise, you will receive a notice in the mail to appear at an oath ceremony.
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See Chapter 6, Attachment D for a copy of Form N-652.
Chapter Three, Overview of the Process
Continued Cases
See Chapter 6 for information on how to get needed documents.
The USCIS officer may end the interview immediately if documents are missing or questions are unanswered. The officer will tell you that your case will be continued and ask you to come back for another interview with the required information, such as marriage certificates, tax forms, or selective service forms. Or, you may be asked to just submit the missing documents, either by mail or in person, instead of returning for a second interview. The second interview, or the deadline for submitting the missing documents, will be at least 60 days after the first interview to allow you time to gather the information.
Failing the Test
You will be rescheduled for another interview to take the part of the test you failed within 90 days. If you do not go to your second interview and you fail to notify USCIS with a good reason, USCIS will deny your case. With a good reason, the USCIS officer will reschedule the second appointment.
Withdrawn Cases
You may withdraw your case at any time during the naturalization process. You will not have your application fees returned. You may re-apply at a later time by paying the fees again. Sometimes USCIS will ask you at the interview if you want to withdraw the application because you do not meet one of the requirements.
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Appeal a Denial If Appropriate Denials
You should receive a notice in the mail called Notice of Denial within 120 days after your interview. The form will tell you why your case was denied. It will also tell you how you can appeal your case through administrative review.
What is Administrative Review?
Administrative review is when a second USCIS officer interviews you, reviews the paperwork in your file, or tests you again. You can also provide new evidence or give testimony. Evidence and testimony help to explain why you do meet the requirements and why USCIS should approve your application.
How to Request Administrative Review
Within 30 days after you receive the Notice of Denial, you need to file Form N-336, Request for Hearing on a Decision in Naturalization Proceedings Under Section 336 of the Act with the required fee. You can file the appeal after 30 days only if you can show that a hardship prevented you from filing in time.
When You Will Have Administrative Review
USCIS will schedule you for an appointment within 180 days after you file the appeal.
testimony = A statement under oath. “She gave testimony in court that supported his case.”
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See Attachment D for a copy of Form N-336.
Chapter Three, Overview of the Process
What is Judicial Review?
Judicial review is when a judge in court hears your case. This is different from USCIS administrative review. In naturalization cases, a judge from the federal district court hears your case.
Who is Eligible for Judicial Review?
There are three situations in which you might be eligible: • USCIS denies your administrative review; • USCIS does not give you a decision on your naturalization application within 120 days after your interview as required by law; or • USCIS delays action on your case prior to the interview. Note: You should talk to a lawyer for more information on the last two situations.
Procedures for Judicial Review of a USCIS Denial
You must file a Petition for Review with the United States district court in the area where you live. You must file it within 120 days after USCIS denies your administrative review. You should get a lawyer to help you with the petition so it is accurate and complete. You should send one copy of the petition to your USCIS district office director and one copy to the Secretary of the Department of Homeland Security. Your lawyer will need to prepare you to appear before a judge.
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Step 6: Take the Oath of Allegiance Receive Your Notice of Oath Ceremony You will receive a notice at the interview or by mail with the date and time of your oath ceremony.
See Chapter 9 for detailed information about the oath ceremony.
Complete Form N-445 Form N-445 updates USCIS on any information that has changed since you submitted your N-400 application, for example, if you were arrested after the interview or changed your marital status. This enables USCIS to make sure you still qualify for United States citizenship.
Attend Oath Ceremony and Receive Naturalization Certificate You will be invited to attend an oath ceremony at a USCIS district office or federal court. At the ceremony you will submit your completed Form N-445, take your oath of citizenship, and receive your naturalization certificate. After you receive and sign your certificate, you will be a United States citizen.
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See Chapter 9, Attachment A for a copy of Form N-445.
See Chapter 7 for information about an oath waiver for the severely disabled.
Attachment A
Chapter Three, Overview of the Process
Attachments A. Form G-28, Notice of Entry of Appearance as Attorney or Representative
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B. Fee Waiver Request Form
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Attachment B
Attachment B
Chapter Three, Overview of the Process
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. USCIS Questions and Answers on Expedited Processing
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Attachment B
Attachment B
Chapter Three, Overview of the Process
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Attachment C
Attachment C
Chapter Three, Overview of the Process
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Attachment D
Attachment D
Chapter Three, Overview of the Process
. Naturalization Interview Document Check List. Form N-336, Request for a Hearing on a Decision
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Attachment D
